45-49-23.01
ownership interest in the wholesaler under the terms of the deceased individual's will, or
under the laws of intestate succession of this state; or any person who or entity which has
otherwise by designation in writing by the deceased individual, succeeded the deceased individual
in the wholesaler's business, or has succeeded to the deceased individual's ownership interest
in the wholesaler pursuant to a written contract or instrument; and also includes the appointed
and qualified personal representative and the testamentary trustee of a deceased individual
owning an ownership interest in a wholesaler. Designated member also includes a person appointed
by the court as the guardian or conservator of the property of an incapacitated individual
owning an ownership interest in a wholesaler. (4) GOOD FAITH. Honesty in fact and the observance
of reasonable commercial standards of fair dealing in the trade, as defined in and interpreted
under the Uniform Commercial Code, Section...
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18-2-4
Section 18-2-4 Notice to owner of land on opposite side of stream abutting proposed dam site.
If application is filed by the owner of the land on one side of a stream only, notice must
be given to the owner of the land on the opposite side by serving him in the same manner as
is provided for service of owners in Section 18-1-8, and if the owner be a minor or person
of unsound mind, a guardian ad litem must be appointed as provided in Section 18-1A-275. (Code
1852, §§2095-2097; Code 1867, §§2487-2489; Code 1876, §§3561-3563; Code 1886, §§3188,
3189; Code 1896, §§1730, 1731; Code 1907, §§3891, 3892; Code 1923, §§7510, 7511; Code
1940, T. 19, §37.)...
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26-2A-81
Section 26-2A-81 Resignation, removal, and other post-appointment proceedings. (a) Any person
interested in the welfare of a ward or the ward, if 14 or more years of age, may petition
for removal of a guardian on the ground that removal would be in the best interest of the
ward or for any other order that is in the best interest of the ward. A guardian may petition
for permission to resign. A petition for removal or for permission to resign may, but need
not, include a request for appointment of a successor guardian. (b) Notice of hearing on a
petition for an order subsequent to appointment of a guardian must be given, as prescribed
in Section 26-2A-50, to the ward, the guardian, and any other person as ordered by the court.
(c) After notice and hearing on a petition for removal or for permission to resign, the court
may terminate the guardianship and make any further order that may be appropriate. (d) If
the court determines at any time in the proceeding that the interest of the ward...
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35-6-45
Section 35-6-45 Decree for partition; appointment of commissioners; minors' interests considered.
If, upon the hearing, the court is satisfied from the proof that the property described in
the application is held and owned jointly, or in common, it must decree the same to be divided
or partitioned among the joint owners or tenants in common, according to their respective
interests therein; and to effect such division or partition, it must appoint suitable commissioners,
not more than five, any three of whom may act; but if the application is for the partition
of lands, and any of the parties interested are minors, the court, before granting the application,
must be satisfied by evidence taken as in actions before the circuit court that it is to the
interest of such minors that the partition be made. (Code 1867, §3108; Code 1876, §3502;
Code 1886, §3241; Code 1896, §3166; Code 1907, §5208; Code 1923, §9308, Code 1940, T.
47, §197.)...
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43-2-851
Section 43-2-851 Bond. (a) The court must require a personal representative or special
administrator to furnish bond payable to the judge of probate conditioned upon faithful discharge
of all duties of the trust according to law, with sureties as it shall specify. Unless otherwise
directed, the bond must be in the amount of the aggregate capital value of the property of
the estate in the personal representative's control, plus one year's estimated income,
and minus the value of securities deposited under arrangements requiring an order of the court
for their removal and the value of any land which the fiduciary, pursuant to Section 43-2-844,
lacks power to sell or convey without court authorization. The court, in lieu of sureties
on a bond, may accept other collateral for the performance of the bond, including a pledge
of securities or any other assets or a mortgage of land. (b) The court may at any time reduce
the bond of the personal representative or require the personal...
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40-10-125
Section 40-10-125 Redeeming lots and parcels without redeeming entire property - How redeemed.
A person desiring to redeem any separate lot or parcel of land as authorized by Section 40-10-124
must file with the judge of probate an application in writing, under oath, setting forth the
date of the decree, the name of the defaulting taxpayer against whom the same was rendered,
the description and character of each lot or parcel of land included in the decree and the
assessed value thereof, if separately valued in the assessment or, if not separately valued,
stating that fact and stating the assessed value of the whole of the lands, a description
of the lot or parcel which the applicant seeks to redeem and, if not separately valued in
the assessment, stating the value thereof at the time of the assessment and the nature of
his interest in such lot or parcel; and such applicant must deposit with the judge of probate
a sum of money which bears the same proportion to the amount of taxes,...
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43-2-464
Section 43-2-464 Conveyance. After such confirmation, and when the whole of the purchase money
has been paid by the purchaser, or his heirs, or any other person holding under him, directly
or derivatively, on the application of such purchaser, or his heirs, or such other person
holding under him, or of the executor or administrator, the court must order a conveyance
to be made to such purchaser, or to his heirs, or to such other person holding under him,
as the case may be, by the executor or administrator, or such other person as the court may
appoint, conveying all the right, title and interest which the decedent had, at the time of
his death, in such lands; and such order shall operate to vest the right, title and interest
of the decedent in such purchaser, or his heirs, or such other person holding under him. (Code
1852, §1770; Code 1867, §2096; Code 1876, §2468; Code 1886, §2124; Code 1896, §179; Code
1907, §2644; Code 1923, §5874; Code 1940, T. 61, §268.)...
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12-15-202
Section 12-15-202 Rights of the child. (a) Rights of the child when taken into custody. When
a child is taken into custody, the person taking the child into custody shall inform the child
of all of the following, in language understandable to the child: (1) The reason that the
child is being taken into custody. (2) That the child has the right to communicate with his
or her parent, legal guardian, or legal custodian whether or not that person is present. If
necessary, reasonable means will be provided for the child to do so. (3) The child has the
right to communicate with an attorney. If the child does not have an attorney, one will be
appointed for him or her. If the child has an attorney who is not present, reasonable means
shall be provided for the child to communicate with the attorney. (b) Rights of the child
before being questioned while in custody. Before the child is questioned about anything concerning
the charge on which the child was taken into custody, the person asking the...
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35-6-85
Section 35-6-85 Conduct of hearing generally; order confirming sale. On the day appointed for
such hearing, or on any other day to which it may be continued the court must proceed to hear
such report and the evidence for and against the confirmation of such sale. Such evidence
shall be taken orally in open court at the time of the hearing or by deposition as in actions
before the circuit court. If upon such hearing it shall appear to the satisfaction of the
court that such sale as made is to the interest of the ward, the court shall make an order
confirming the same, and, if it shall appear to the court that full payment has been made
to the guardian for the interest of the minor in such sale, such order shall direct the guardian,
or any other person appointed by the court, to make conveyance of the interest of the ward
in the land or realty to the purchaser thereof. (Code 1907, §5258; Code 1923, §9362; Code
1940, T. 47, §224.)...
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28-3A-23
Section 28-3A-23 Regulation of grant of licenses. (a) No license prescribed in this code shall
be issued or renewed until the provisions of this code have been complied with and the filing
and license fees other than those levied by a municipality are paid to the board. (b) Licenses
shall be granted and issued by the board only to reputable individuals, to associations whose
members are reputable individuals, or to reputable corporations organized under the laws of
the State of Alabama or duly qualified thereunder to do business in Alabama, or, in the case
of manufacturers, duly registered under the laws of Alabama, and then only when it appears
that all officers and directors of the corporation are reputable individuals. (c) Every license
issued under this code shall be constantly and conspicuously displayed on the licensed premises.
(d) Each retail liquor license application must be approved by the governing authority of
the municipality if the retailer is located in a municipality,...
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